HBA-CMT, EDN H.B. 1075 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1075
By: Haggerty
Corrections
3/25/2001
Introduced



BACKGROUND AND PURPOSE 

Currently, the Government Code requires each community supervision and
corrections department (CSCD) to submit periodic data on the use of
ignition interlock devices to the community justice assistance division
(CJAD) of the Texas Department of Criminal Justice, and requires CSCDs' to
submit  specific data on each person restricted to the operation of a motor
vehicle by an ignition interlock device to the Department of Public Safety
(DPS).  The Transportation Code designates  DPS as the agency responsible
for adopting rules for the approval of ignition interlock devices as well
as establishing standards for vendors of the devices doing business in
Texas and procedures to ensure compliance with these standards.  CJAD has
no legislative charge and has no reason to receive information on ignition
interlock devices from CSCDs'. House Bill 1075 eliminates the requirement
that CSCDs' report to CJAD on the use and reliability of ignition interlock
devices. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

ANALYSIS

House Bill 1075 amends the Government Code to remove the requirement that
each community supervision and corrections department submit certain
periodic data to the community justice assistance division of the Texas
Department of Criminal Justice relating to the required use of deep lung
breath analysis mechanisms to make the operation of a motor vehicle
impractical.    

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.